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To read comments to this article, go here
Followup Letters to Lehman - Exh. B & C to Red Hat's Motion to Supplement
Wednesday, February 18 2004 @ 02:54 AM EST

Here are Exhibit B, the SCO followup letter to the CEO of Lehman Brothers and an identical letter on the same date to the IT guy, Exhibit C, requesting a meeting to discuss their options, like cross my palm with silver or walk the plank. I wish I could have seen the look on the CEO Mr. Fuld's face when he received this letter. This means you now have the complete filing as text. We are working on a PDF. Tomorrow.

*******************************************************
January 16, 2004

Richard Fuld
Chairman & CEO
Lehman Brothers Holdings, Inc.
[address]

Dear Mr. Fuld:

I am following up on the SCO letter dated December 19th, regarding the use of SCO copyright protected code that has been incorporated into Linux without our authorization. As stated in the letter:

"No one may use our copyrighted code except as authorized by us.

". . . Certain copyrighted application binary interfaces ("ABI Code") have been copied verbatim from our copyrighted UNIX code base and contributed to Linux for distribution under the General Public License ("GPL") without proper authorization and without proper attribution. While some application programming interfaces ("API Code") have been made available through POSIX and other open standards, the UNIX ABI Code has only been made available under copyright restrictions. AT&T made these binary interfaces available in order to support application development to UNIX operating systems and to assist UNIX licensees in the development process. The UNIX ABIs were never intended or authorized for unrestricted use or distribution under the GPL in Linux.

".. . Use in Linux of any ABI Code or other UNIX Derived Files identified above constitutes a violation of the United States Copyright Act. Distribution of the copyrighted ABI Code, or binary code compiled using the ABI code, with copyright management information deleted or altered, violates the Digital Millennium Copyright Act ("DMCA") codified by Congress at 17 U.S.C. Section 1202. DMCA liability extends to those who have reasonable grounds to know that a distribution (or re-distribution as required by the GPL) of the altered code or copyright information will induce, enable, facilitate, or conceal an infringement of any right under the DMCA. In addition, neither SCO nor any predecessor in interest has ever placed an affirmative notice in Linux that the copyrighted code in question could be used or distributed under the GPL. As a result, any distribution of Linux by a software vendor or a re-distribution of Linux by an end user that contains any of the identified UNIX code violates SCO's rights under the DMCA, insofar as the distributor knows of these violations."

I am requesting a meeting so that we may discuss the alternatives that are available to your firm. WE BELIEVE WE CAN PROPOSE SOLUTIONS THAT WILL BE AGREEABLE AND ECONOMICALLY FEASIBLE FOR YOU. I look forward to hearing from you. If you fail to respond to our efforts to pursue a licensing arrangement, WE WILL TURN YOUR NAME OVER TO OUR OUTSIDE COUNSEL FOR CONSIDERATION OF LEGAL ACTION.

Please contact me immediately so we may schedule a meeting. My telephone number is (508) XXX-XXXX or email xxxxxxx.

Yours truly,

Gregory Petit
Regional Director, Intellectual Property Licensing
SCO
Encl: Letter December 19, 2003
Cc: Ryan E. Tibbitts, SCO General Counsel

________________________________________________

January 16, 2004

Jonathan Beyman
Chief of Operations and Technology
Lehman Brothers Holdings, Inc.
[address]

Dear Mr. Beyman:

I am following up on the SCO letter dated December 19th, regarding the use of SCO copyright protected code that has been incorporated into Linux without our authorization. As stated in the letter:


"No one may use our copyrighted code except as authorized by us.

". . . Certain copyrighted application binary interfaces ("ABI Code") have been copied verbatim from our copyrighted UNIX code base and contributed to Linux for distribution under the General Public License ("GPL") without proper authorization and without proper attribution. While some application programming interfaces ("API Code") have been made available through POSIX and other open standards, the UNIX ABI Code has only been made available under copyright restrictions. AT&T made these binary interfaces available in order to support application development to UNIX operating systems and to assist UNIX licensees in the development process. The UNIX ABIs were never intended or authorized for unrestricted use or distribution under the GPL in Linux.

".. . Use in Linux of any ABI Code or other UNIX Derived Files identified above constitutes a violation of the United States Copyright Act. Distribution of the copyrighted ABI Code, or binary code compiled using the ABI code, with copyright management information deleted or altered, violates the Digital Millennium Copyright Act ("DMCA") codified by Congress at 17 U.S.C. Section 1202. DMCA liability extends to those who have reasonable grounds to know that a distribution (or re-distribution as required by the GPL) of the altered code or copyright information will induce, enable, facilitate, or conceal an infringement of any right under the DMCA. In addition, neither SCO nor any predecessor in interest has ever placed an affirmative notice in Linux that the copyrighted code in question could be used or distributed under the GPL. As a result, any distribution of Linux by a software vendor or a re-distribution of Linux by an end user that contains any of the identified UNIX code violates SCO's rights under the DMCA, insofar as the distributor knows of these violations."

I am requesting a meeting so that we may discuss the alternatives that are available to your firm. WE BELIEVE WE CAN PROPOSE SOLUTIONS THAT WILL BE AGREEABLE AND ECONOMICALLY FEASIBLE FOR YOU. I look forward to hearing from you. If you fail to respond to our efforts to pursue a licensing arrangement, WE WILL TURN YOUR NAME OVER TO OUR OUTSIDE COUNSEL FOR CONSIDERATION OF LEGAL ACTION.

Please contact me immediately so we may schedule a meeting. My telephone number is (508) XXX-XXXX or email xxxxxxx.

Yours truly,

Gregory Petit
Regional Director, Intellectual Property Licensing
SCO
Encl: Letter December 19, 2003
Cc: Ryan E. Tibbitts, SCO General Counsel

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